TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Tasmanian Chamber of Commerce and Industry Limited
(T.4819 of 1994)

ESTATE AGENTS AWARD

Wage rates and annual leave

REASONS FOR DECISION

In this matter the Tasmanian Chamber of Commerce and Industry Limited (TCCI) made application to vary the Estate Agents Award in a number of respects. Mr Clues for the TCCI submitted that the variations were for the purpose of rectifying some errors in the award.

The first of these related to accumulation of annual leave. Currently the relevant award provisions in Clause 9 - Annual Leave stipulates thirteen and one third hours of annual leave. This was predicted on a 40 hour working week. As hours have been reduced to 38 a week the annual accumulation should have been altered to twelve and two thirds hours for each completed month of continuous service. That variation will be made in the manner requested operative from the date of this decision.

The other variations requested to be made related to weekly wage provisions for Scholarship holders. Essentially Mr Clues for the TCCI sought the deletion of the reference to scholarship holders in Division B subclause (b) because the rate of pay in that subclause is not appropriate to that category of employee. Scholarship holders were requested to be separately identified in new subclause (c).

The variations were agreed to by Mr Grubb for the Australian Municipal, Administrative, Clerical and Services Union.

I accept that Scholarship holders should be separately provided for as they are subject to Real Estate Institute of Tasmania and Australian Traineeship System arrangements providing, for the purposes of this award, specific payment provisions. I also accept the submissions of the parties, following discussion with the Commission that the operative date for this variation should be from the first full pay period to commence on or after 1 July 1993.

The orders for the foregoing variation and for the annual leave variation referred to earlier are attached.

R K Gozzi
COMMISSIONER

Appearances:
Mr S Clues for the Tasmanian Chamber of Commerce and Industry Limited
Mr A Grubb for the Australian, Municipal, Administrative and Clerical Services Union

Date and Place of Hearing:
1994
Hobart
January 21